PART 4Haulage between two points in the EU

Production of posting declaration and inspection of vehicles

25.—(1) An examiner may exercise the powers under this regulation in relation to a goods vehicle if it appears to the examiner that—

(a)the vehicle has been used on a journey to which regulation 20(1) applies and that the limit on journeys set out in regulation 21 has not been complied with,

(b)the vehicle has been used on a journey to which regulation 20(2) applies and that the condition in regulation 22(1)(a) has not been satisfied, or

(c)the vehicle is being used on a relevant journey.

(2) The examiner may—

(a)inspect the vehicle for the purpose of checking that the use of the vehicle on the relevant journey does not, or did not, breach regulation 20(1) or (2);

(b)require the driver of a vehicle being used on a journey to which regulation 20(2) applies to produce a copy of the posting declaration that is carried on the vehicle and allow the examiner to inspect and copy it.

(3) The examiner may detain the vehicle for the purpose of—

(a)exercising powers under paragraph (2), or

(b)taking other steps to check that the use of the vehicle on the relevant journey does not, or did not, breach regulation 20(1) or (2).

(4) Before exercising a power under this regulation an examiner must, if requested to do so, produce evidence of the examiner’s authority.

(5) In this regulation “relevant journey” means a journey to which regulation 20(1) applies.